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In no event shall the removal or destruction of trees be permitted prior to the approval of the r+ preliminary plan of a new subdivision, or if no new subdivision is to be created, prior to the approval of a development plan or the issuing of a building permit for construction. 1359.06 APPEAL TO BOARD OF APPEALS. Within ten (10) days of receipt of the permit issued by the Building Commissioner, the applicant may appeal the terms of the permit to the Board of Appeals. Within thirty (30) days of receipt of an appeal, the Board of Appeals shall set a date for hearing and shall notify, in writing, the applicant and any other persons whom the Board deems to have an interest in the matter, at least five (5) days prior to the hearing. The Board of Appeals shall consider the recommendation of the Building Commissioner, Engineer and Arborist, as well as any and all additional evidence presented by the applicant and other persons at the hearing. The Board of Appeals shall determine whether the permit shall be expanded and may attach such conditions as it deems necessary to promote the public welfare. The Board of Appeals shall not expand the permit if it finds that such removal or destruction of trees is reasonably likely to cause soil erosion, result in pollution or an unreasonably large loss of oxygen, interference with drainage and the natural supply of water, or that it will result in an unsightly and blighted condition, or will depress property value in the Municipality. 1359.07 APPEAL TO COUNCIL. If the Board of Appeals denies the appeal of the applicant or attaches conditions to its approval, the applicant may appeal in writing to Council within thirty (30) days after notification by the Board of Appeals of its decision. Council, by a vote of the majority of the members elected thereto, shall at its next regularly scheduled meeting affirm, reverse or modify the decision of the Board of Appeals, subject to the limitations set forth in this chapter. Council shall not expand the permit if it finds that such removal or destruction of trees is reasonably likely to cause soil erosion, result in pollution or an unreasonably large loss of oxygen, interference with drainage and the natural supply of water, or that it will result in an unsightly and blighted condition, or will depress property value in the Municipality. 1359.08 RESTRAINING INJUNCTION PERMITTED. The Law Director or the owner of any property which will be damaged by the violation of this Chapter is hereby authorized to apply to a court of general jurisdiction for an injunction to restrain violations of this Chapter. 1359.09 PERMIT; FEE; BOND. The fee for a tree removal permit shall be as provided in Chapter 1309. The Building Commissioner is authorized to require the filing by the applicant of a bond, the penal sum of which shall be in an amount which the Commissioner reasonably estimates will be sufficient to pay the cost and expense of removing the rubble and refuse resulting from the cutting and removal of the trees. All such rubble and refuse shall be removed from the premises in such a